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(영문) 서울고등법원 2020.05.12 2017나2075652
원상회복 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the case’s corresponding part of the judgment of the first instance as set forth in paragraph (2) below, and thus, it is identical to the reasoning of the judgment of the first instance. Thus, it is accepted in accordance with the main sentence of Article 420 of

2. Parts 7, part 7, 15, “Plaintiff” in Part 7, 7, 7, 15, 8, 8, 8, 8, 10, 10, 10, 10, 10, 15, 15, 15, 15, 2, 2, 2, 3, 3

The 7th page 19 to 8th page 1 is as follows:

The fact that Defendant B delegated the sales business of the commercial building of this case to Defendant C is as seen earlier, and accordingly, Defendant C was granted the power to conclude the sales contract of the commercial building of this case on behalf of the Defendant B. However, the circumstance where the sales contract was concluded by designating the type of business as a convenience store with respect to the trade of this case, or the statement of evidence No. 19 is insufficient to deem that Defendant B granted the comprehensive power to Defendant C or G, the representative director thereof, to grant the exclusive right to the specific seller of the commercial building of this case to Defendant C or G, and there is no other evidence to acknowledge otherwise.

“2) In a case where a person who is deemed identical to the other party, such as the other party’s agent, with respect to the declaration of intent of revocation made by deception on the grounds of the other party’s expression of intent by deception, commits deception, he/she does not constitute a third party under Article 110(2) of the Civil Act (see, e.g., Supreme Court Decision 96Da41496, Jan. 23, 1998); and G is the representative director of Defendant C, who is the agent of Defendant B, and if G had the Plaintiff enter into a sales contract by deceiving the Plaintiff, the Plaintiff may cancel

However, Gap evidence Nos. 2, 3, 13, 14, Eul evidence Nos. 1, 2, 5 through 12, and witness of the first instance trial.

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